PRIORITY DATE

Rule 13(a). Identifying priority date. The claimed priority date and claimed type of historical right will be identified from the submitted documentation in the claim along with other data gathered by the department. Rule 13(b). Type of historical right. The type of historical right (i.e., use right, filed appropriation right, decreed right, reserved right) will be identified based on the definitions in Rule 2, W.R.C.E.R. (1) If the claimed type of historical right differs from the definitions, or the information available is insufficient to substantiate the type of historical right, the claimant will be contacted pursuant to Rule 44, W.R.C.E.R. (2) Claims for reserved rights will not be examined while negotiations for the conclusion of a compact under Title 85, Chapter 2, Part 7, MCA, are being pursued except as directed by the water court. Rule 13(c). Standardizing incomplete priority date. Each claim will be reviewed to identify that the priority date (i.e., day, month, and year) on the claim form is complete and consistent with the submitted documentation. 34 (1) When no specific day, month, season, or year date is on the claim form, information in the claim file will be checked to see if a complete priority date exists. (2) The priority date on the claim form will be compared with the priority date referred to in the submitted documentation. (3) Late claims will be reviewed to determine their subordination status pursuant to 85-2-221(3), MCA. An enforceable priority date of June 30, 1973 (11:59 P.M.) will be assigned to late claims that are subordinate to valid, timely filed claims under § 85-2-221(3)(f)(i), MCA. Rule 13(d). Examining priority date. When the claimed priority date is inconsistent, the department will gather further facts and data pertaining to the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. Discrepancies in the claimed priority date that may require claimant contact include, but are not limited to: (1) documentation to support a decreed or filed appropriation right was not submitted; (2) no priority date has been claimed; (3) the priority date on the claim form of a decreed right differs or cannot be identified from the submitted documentation; (4) the priority date on the claim form of a filed surface water appropriation (1885 surface water statutes) is other than the earliest date on the document; (5) the priority date on the claim form of a filed groundwater appropriation (1961 groundwater statutes, sections 89-2911 et seq., RCM 1947) is not supported with documentation 35 or is other than the date the documentation was filed with the county clerk and recorder; (6) the priority date on the claim form of a use right is other than the date of first use or as specified in the documentation; (7) the source or POU on the claim form differs significantly from the source or POU provided in the priority date documentation; (8) duplicate claims of the same water right filed by the same individual are identified; (9) the claimed priority date is post-June 30, 1973; (10) the claimed priority date is earlier than settlement within a basin or subbasin according to historical records; (11) a sprinkler system is claimed with a priority date preceding 1950; or (12) the claimed priority date of any claim based on the same documentation is inconsistent. Rule 13(e). Multiple priority dates. When more than one priority date is indicated in a claim, the multiple priority dates will be identified according to this rule. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. When the two or more priority dates are confirmed, the claim will be sent to the water court requesting a review for possible implied claims pursuant to Rule 35, W.R.C.E.R. Rule 13(f). Changing priority dates. The claimed type of water right or priority date will not be changed during the department's examination unless: 36 (1) amended by the claimant; and (2) clarified by the department; (3) to complete day, month, season date or general year when the claimed priority date is incomplete: (i) if no day date, the last day of the month will be used; be used; (ii) if no month date, the last month of the year will (iii) if a general year is claimed, the date at the end of the period will be used; (iv) if a season is claimed, the following dates will be used: (A) Fall - December 19, (B) Winter - March 19, (C) Spring - June 19, (D) Summer - September 19; (4) to reflect the date a GW2 or GW3 groundwater notice was filed with the county clerk in compliance with the 1961 groundwater statutes. The following remark shall be added to the water right abstract: Example: THE PRIORITY DATE OF THIS WATER RIGHT HAS BEEN CHANGED TO THE DATE OF FILING THE NOTICE OF 37 COMPLETION OF GROUNDWATER APPROPRIATION (FORM GW2/GW3). THE PRIORITY DATE MAY BE CONTESTED BY PROPER OBJECTION. or (5) to reflect the date the claim form was received by the department when no indication that a groundwater notice was filed in compliance with the 1961 groundwater statutes. The following remarks shall be added to the water right abstract: Examples: THIS IS AN EXISTING RIGHT. ITS POST 1973 PRIORITY DATE IS DECREED PURSUANT TO SECTION 85-2-306(2) MCA. THE PRIORITY DATE OF THIS WATER RIGHT HAS BEEN CHANGED TO THE FILING DATE OF THE STATEMENT OF CLAIM. THE PRIORITY DATE MAY BE CONTESTED BY PROPER OBJECTION. Rule 13(g). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the priority date: (1) the claimed or clarified type of historical right; (2) the claimed or clarified priority date, or the priority date as specified in these rules; (3) identification of unique aspects or features of the priority date; (4) a notation of changes made during the department's examination; and 38 (5) remarks concerning unresolved issues or questions about the claimed priority date such as the following situations: (i) questions concerning the claimed priority date or claimed type of historical right as specified in this rule; (ii) a use right or a filed right appears improperly claimed on a prior decreed source; or (iii) no priority date has been claimed.